Supreme Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 72850-72851 [2016-25509]

Download as PDF 72850 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices Significant Impact (FONSI) issued on September 21, 2016. This notice applies to all FHWA decisions as of the issuance date of this notice and all laws under which such actions were taken. Laws generally applicable to such actions include but are not limited to: • General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351; Federal-Aid Highway Act [23 U.S.C. 109]. • Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d); Migratory Bird Treaty Act [16 U.S.C. 703–712]. • Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]. • Noise: Federal-Aid Highway Act of 1970 [Pub. L. 91–605, 84 Stat. 1713] • Executive Orders: E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13287 Preserve America. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Ivan Marrero, Division Administrator, Federal Highway Administration. [FR Doc. 2016–25256 Filed 10–20–16; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2016–0099] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HOLOHOLO; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief SUMMARY: VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 description of the proposed service, is listed below. DATES: Submit comments on or before November 21, 2016. ADDRESSES: Comments should refer to docket number MARAD–2016–0099. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel HOLOHOLO is: Intended commercial use of vessel: ‘‘Non fishing ecotourism charters. Day eco tours, sightseeing and special events. Overnight eco tour charters for multi days up to 2 weeks for a maximum of up to 6 overnight guests plus captain and crew, for a total of 8 maximum people.’’ Geographic region: ‘‘Washington, Alaska (excluding waters in Southeastern Alaska and waters north of a line between Gore Point to Cape Suckling [including the North Gulf Coast and Prince William Sound]).’’ The complete application is given in DOT docket MARAD–2016–0099 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: October 4, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016–25229 Filed 10–20–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0126; Notice 2] Supreme Corporation, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Supreme Corporation (Supreme), has determined that certain model year (MY) 2015–2016 Supreme Classic American Trolley buses manufactured between October 1, 2014 and November 2, 2015, do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Supreme filed a report dated November 20, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. ADDRESSES: For further information on this decision contact Luis Figueroa, Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5298, facsimile (202) 366– 5930. SUMMARY: SUPPLEMENTARY INFORMATION: I. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices CFR part 556), Supreme submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on March 3, 2016, in the Federal Register (81 FR 11358). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2015– 0126.’’ II. Buses Involved Affected are approximately 21 MY 2015–2016 Supreme Classic American Trolley buses manufactured between October 1, 2014 and November 2, 2015. III. Noncompliance Supreme explains that the noncompliance is that the windshields on the subject Trolleys do not contain the ‘‘AS1’’ markings as required by paragraph S6 of FMVSS No. 205. asabaliauskas on DSK3SPTVN1PROD with NOTICES IV. Rule Text Paragraph S6 of FMVSS No. 205 requires in pertinent part: S6. Certification and marking. S6.1 A prime glazing material manufacturer, must certify, in accordance with 49 U.S.C. 30115, each piece of glazing material to which this standard applies that is designed— (a) As a component of any specific motor vehicle or camper; or (b) To be cut into components for use in motor vehicles or items of motor vehicle equipment. S6.2 A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/SAE Z26.1– 1996, in letters and numerals of the same size, the symbol ‘‘DOT’’ and a manufacturer’s code mark that NHTSA assigns to the manufacturer. NHTSA will assign a code mark to a manufacturer after the manufacturer submits a written request to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. The request must include the company name, address, and a statement from the manufacturer certifying its status as a prime glazing manufacturer as defined in S4. . . . In addition, paragraph S5.1 of FMVSS No. 205 incorporates by reference ANSI Z26.1–1996 and other industry standards. Specifically, Section 7 (Marking of Safety Glazing Materials) of ANSI Z26.1–1996 requires that: In addition to any other markings required by law, ordinance, or regulation, all safety VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 glazing materials manufactured for use in accordance with this standard shall be legibly and permanently marked in letters and numerals . . . with the words American National Standard or the characters AS and . . . In addition to the preceding markings and immediately adjacent to the words American National Standard or the characters AS, each piece of glazing material shall further be marked . . . if complying with the requirements of Section 4, Application of Tests, Item 1 with the numeral 1; . . . V. Summary of Supreme’s Analyses Supreme stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Supreme stated that the subject windshields meet all performance and other requirements of FMVSS No. 205 with the exception of the subject noncompliance. (2) Supreme stated its belief that repair services for the subject windshields will not be affected because replacement windshields are typically obtained through Supreme distributors who have the correct and compliant replacement glazing. (3) Supreme also stated that they have not received any consumer complaints, claims, or warranty claims related to this noncompliance. (4) Supreme additionally made mention of similar inconsequential noncompliance petitions that were granted by the agency relating noncompliances that Supreme believes are similar to the subject FMVSS No. 205 noncompliance. Supreme has informed NHTSA that for all affected vehicles that remain in Supreme’s inventory and the inventory of Supreme’s distributors, permanent markings in compliance with FMVSS No. 205 will be added to the vehicle windshields before delivery under a sale or lease. In summation, Supreme believes that the described noncompliance of the subject windshields is inconsequential to motor vehicle safety, and that its petition, to exempt Supreme from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA’s Analysis: The petition pertains to a population of approximately 21 model year 2015 and 2016 ‘‘Classic American Trolley’’ vehicles, built by Supreme Corporation, that do not have the required ‘‘AS1’’ marking on their windshields. NHTSA has reviewed Supreme Corporation’s arguments and has decided that the subject FMVSS No. 205 noncompliance PO 00000 Frm 00082 Fmt 4703 Sfmt 9990 72851 is inconsequential to motor vehicle safety. There is no effect of the noncompliance on the operational safety of the subject vehicles because the installed windshields meet all other labeling and performance requirements of FMVSS No. 205. Also, there is no possibility that a noncompliant windshield will be installed on a production vehicle or ordered as a replacement part since vehicles in inventory will have compliant windshields before sold or lease, and replacement windshields are obtained through Supreme Corporation. NHTSA’s Decision: In consideration of the foregoing analysis, NHTSA has decided that Supreme has met its burden of demonstrating that the FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety. Accordingly, Supreme’s petition is hereby granted and Supreme is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject buses that Supreme no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve equipment distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant buses under their control after Supreme notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8). Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–25509 Filed 10–20–16; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72850-72851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25509]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0126; Notice 2]


Supreme Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Supreme Corporation (Supreme), has determined that certain 
model year (MY) 2015-2016 Supreme Classic American Trolley buses 
manufactured between October 1, 2014 and November 2, 2015, do not fully 
comply with paragraph S6 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205, Glazing Materials. Supreme filed a report dated 
November 20, 2015, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA 
under 49 CFR part 556 requesting a decision that the subject 
noncompliance is inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision contact Luis 
Figueroa, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5298, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49

[[Page 72851]]

CFR part 556), Supreme submitted a petition for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on March 3, 2016, in the Federal Register (81 FR 
11358). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0126.''

II. Buses Involved

    Affected are approximately 21 MY 2015-2016 Supreme Classic American 
Trolley buses manufactured between October 1, 2014 and November 2, 
2015.

III. Noncompliance

    Supreme explains that the noncompliance is that the windshields on 
the subject Trolleys do not contain the ``AS1'' markings as required by 
paragraph S6 of FMVSS No. 205.

IV. Rule Text

    Paragraph S6 of FMVSS No. 205 requires in pertinent part:

    S6. Certification and marking.
    S6.1 A prime glazing material manufacturer, must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies that is designed--
    (a) As a component of any specific motor vehicle or camper; or
    (b) To be cut into components for use in motor vehicles or items 
of motor vehicle equipment.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer. 
NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 
400 Seventh Street SW., Washington, DC 20590. The request must 
include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer 
as defined in S4. . . .

    In addition, paragraph S5.1 of FMVSS No. 205 incorporates by 
reference ANSI Z26.1-1996 and other industry standards. Specifically, 
Section 7 (Marking of Safety Glazing Materials) of ANSI Z26.1-1996 
requires that:

    In addition to any other markings required by law, ordinance, or 
regulation, all safety glazing materials manufactured for use in 
accordance with this standard shall be legibly and permanently 
marked in letters and numerals . . . with the words American 
National Standard or the characters AS and . . . In addition to the 
preceding markings and immediately adjacent to the words American 
National Standard or the characters AS, each piece of glazing 
material shall further be marked . . . if complying with the 
requirements of Section 4, Application of Tests, Item 1 with the 
numeral 1; . . .

V. Summary of Supreme's Analyses

    Supreme stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) Supreme stated that the subject windshields meet all 
performance and other requirements of FMVSS No. 205 with the exception 
of the subject noncompliance.
    (2) Supreme stated its belief that repair services for the subject 
windshields will not be affected because replacement windshields are 
typically obtained through Supreme distributors who have the correct 
and compliant replacement glazing.
    (3) Supreme also stated that they have not received any consumer 
complaints, claims, or warranty claims related to this noncompliance.
    (4) Supreme additionally made mention of similar inconsequential 
noncompliance petitions that were granted by the agency relating 
noncompliances that Supreme believes are similar to the subject FMVSS 
No. 205 noncompliance.
    Supreme has informed NHTSA that for all affected vehicles that 
remain in Supreme's inventory and the inventory of Supreme's 
distributors, permanent markings in compliance with FMVSS No. 205 will 
be added to the vehicle windshields before delivery under a sale or 
lease.
    In summation, Supreme believes that the described noncompliance of 
the subject windshields is inconsequential to motor vehicle safety, and 
that its petition, to exempt Supreme from providing recall notification 
of noncompliance as required by 49 U.S.C. 30118 and remedying the 
recall noncompliance as required by 49 U.S.C. 30120 should be granted.
    NHTSA's Analysis: The petition pertains to a population of 
approximately 21 model year 2015 and 2016 ``Classic American Trolley'' 
vehicles, built by Supreme Corporation, that do not have the required 
``AS1'' marking on their windshields. NHTSA has reviewed Supreme 
Corporation's arguments and has decided that the subject FMVSS No. 205 
noncompliance is inconsequential to motor vehicle safety.
    There is no effect of the noncompliance on the operational safety 
of the subject vehicles because the installed windshields meet all 
other labeling and performance requirements of FMVSS No. 205. Also, 
there is no possibility that a noncompliant windshield will be 
installed on a production vehicle or ordered as a replacement part 
since vehicles in inventory will have compliant windshields before sold 
or lease, and replacement windshields are obtained through Supreme 
Corporation.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
has decided that Supreme has met its burden of demonstrating that the 
FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Supreme's petition is hereby granted and Supreme is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject buses that Supreme no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve equipment distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant buses under their control after Supreme notified them 
that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8).

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-25509 Filed 10-20-16; 8:45 am]
 BILLING CODE 4910-59-P